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Apr il 2 009 April 2009
, Infan ts and Toddlers oddlers, Infants ge ee Years of A U nder Thr Age hree
Under IDEA, infants and toddlers with disabilities are defined as individuals under three years of age who need early intervention services because they are experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: cognitive development; physical development; communication development;
have a diagnosed physical or mental condition that has a high probability of resulting in developmental delay. The term may also include, if a state chooses, children under three years of age who would be at risk of experiencing a substantial developmental delay if early intervention services were not provided.
1 Categories of20009 Disability Under IDEA Avenue N.W., Suite 700 Washington, DC
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who, because of the developmental delays, need special education and related services.
If a state chooses to include developmental delay in its definition of an eligible child with a disability, it must define precisely what the term means and ensure that its definition is consistent with IDEAs definition. Developmental delays must be measured by appropriate diagnostic instruments and procedures. The state also determines whether the term applies to children aged 3 through 9, or to a subset of that age range (for example, ages 3 through 5). Three more points to note about the term developmental delay: A state may not require an LEA to adopt and use the term developmental delay. If an LEA uses the term, the LEA must conform to both the states definition of the term and to the age range the state has adopted. If a state does not adopt the term, an LEA may not independently use the term to establish a childs eligibility under IDEA.
The 13 D isabilit y Disabilit isability C at egor ies ,D ef ine d egories ies, Def efine ined
IDEA provides definitions of the 13 disability categories listed above. Federal definitions guide how states define who is eligible for a free appropriate public education under IDEA. The definitions are as follows:
1. A utism... Autism...
...means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a childs educational performance. Other characteristics often associated with autism are engaging in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. The term autism does not apply if the childs educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in #4 below. A child who shows the characteristics of autism after age 3 could be diagnosed as having autism if the criteria above are satisfied.
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minimal brain dysfunction, dyslexia, and developmental aphasia. The term does not include learning problems that are primarily the result of visual, hearing, or motor disabilities; of mental retardation; of emotional disturbance; or of environmental, cultural, or economic disadvantage.
11. S pee ch or L anguage Impair men t... Spee peech Language Impairmen ment
...means a communication disorder such as stuttering, impaired articulation, a language impairment, or a voice impairment that adversely affects a childs educational performance.
10. S pe cif ic L ear ning D isabilit y... Spe pecif cific Lear earning Disabilit isability
...means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations. The term includes such conditions as perceptual disabilities, brain injury,
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13. Visual Impair men t Including Impairmen ment Blindness ... lindness...
...means an impairment in vision that, even with correction, adversely affects a childs educational performance. The term includes both partial sight and blindness.
For children and youth ages 3 through 21, special education and related services are provided through the public school system. One way to find out about these services is to call your local public school. The school should be able to tell you about special education policies in your area or refer you to a district or county office for this information. You can also contact your states Parent Training and Information (PTI) center for this information. Youll find the PTI listed on NICHCYs State Resource Sheet for your state (look under Organizations Especially for Parents). State sheets are available online at: http:// www.nichcy.org/Pages/StateSpecificInfo.aspx If you are a parent who thinks your child may need special education and related services, be sure to ask how to have your child evaluated under IDEA for eligibility. Often there are materials available on local and state policies for special education and related services. There is a lot to know about early intervention, about special education and related services, and about the rights of children with disabilities under IDEA, our nations special education law. NICHCY offers many publications, all of which are available on our website or by contacting us directly. We can also tell you about materials available from other groups.
e on Mor ore A dversely A ff e c ts E duca tional P er for manc e Aff ffe Educa ducational Per erf ormanc mance
You may have noticed that the phrase adversely affects educational performance appears in most of the disability definitions. This does not mean, however, that a child must be failing in school to receive special education and related services. According to IDEA, states must make a free appropriate public education available to any individual child with a disability who needs special education and related services, even if the child has not failed or been retained in a course or grade, and is advancing from grade to grade. [300.101(c)(1)]
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Other S our c es of Inf or ma tion Sour ourc Infor orma mation for P ar en ts Par aren ents
There are many sources of information about services for children with disabilities. Within your community, you may wish to contact: the Child Find coordinator for your district or county (IDEA requires that states conduct Child Find activities to identify, locate, and evaluate infants, toddlers, children, and youth with disabilities aged birth through 21); the principal of your childs school; or the special education director of your childs school district or local school. Any of these individuals should be able to answer specific questions about how to obtain special education and related services (or early intervention services) for your child. In addition, every state has a Parent Training and Information (PTI) center, which is an excellent source of information. The PTI can: help you learn about early intervention and special education services; tell you about IDEAs requirements; connect you with disability groups and parent groups in your community or state; and much, much more!
To find out how to contact your states PTI, look at the NICHCY State Resource Sheet for your state (available on our website). You'll find the PTI listed there (look under Organizations Especially for Parents), as well as many other information resources, such as community parent resource centers, disability-specific organizations, and state agencies serving children with disabilities.
National Dissemination Center for Children with Disabilities 1.800.695.0285 (Voice/TTY) nichcy@aed.org www.nichcy.org
April 2009
This publication is copyright free. Readers are encouraged to copy and share it, but please credit NICHCY, the National Dissemination Center for Children with Disabilities. Wed like to thank our Project Officer, Judy L. Shanley, Ph.D., at the Office of Special Education Programs (OSEP) of the U.S. Department of Education, for her support of this publication and of NICHCY itself. A special thanks goes out to the Office of Policy and Planning, at OSEP, for their involvement and the fine-tooth-comb review to ensure this documents consistency with the requirements of IDEA 2004. NICHCY is made possible through Cooperative Agreement Number H326N030003 between OSEP and the Academy for Educational Development. The contents of this document do not necessarily reflect the views or policies of the Department of Education, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.
NICHCY: 1.800.695.0285